Smallwood v. Hall County

Felton, Chief Judge.

1. The petition seeking damages from Hall County arising out of the alleged negligent operation of the county’s truck by a named driver, does not disclose, either expressly or by necessary implication, the existence of the agency of the driver, nor the connection of his act with the employment; therefore, the court did not err in its judgment sustaining the general demurrer. Code § 105-108; Lewis v. Amorous, 3 Ga. App. 50 (1) (59 SE 338). Neither does the petition show affirmatively that the action is authorized under the Constitution or statutes of this State. Decatur…